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Press Release: Revised Product Liability Directive risks undermining Single Market coherence, business leaders warn
Roundtable in Brussels warns diverging implementations of the revised Product Liability Directive increase litigation risk and undermine EU competitiveness.
Brussels, 02 April 2026 - Senior business leaders, legal experts and policymakers warned at a Brussels roundtable on 24 March that inconsistent implementations of the revised Product Liability Directive (PLD) will fragment the Single Market, increase litigation risk and weaken Europe’s competitiveness unless the European Commission provides early guidance.
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Third-Party Litigation Funding (TPLF) in France
Pros and Cons of the new French Decree no 2025-1191 of 10 December 2025 on the admission of associations and other bodies to conduct domestic and cross-border group actions and specifying their obligations regarding publication of their fundings.
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Opinion on the French Decree Implementing the 2026 Class Action Regime
In accordance with the DDADUE 5 law, France has published Decree No. 2025-1191 to create a clear legal framework for collective claims supported by third party funders. The framework includes processes for authorizing organisations to represent claimants in "actions de groupe" and the law imposes important new governance and transparency norms in the field of collective litigation in France.
read more Opinion on the French Decree Implementing the 2026 Class Action Regime
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Joint Business Statements on TPLF
On 21 January 2026, a cross-sector group of business associations issued a joint statement renewing their call for proportionate, harmonised EU-level rules on professional third-party litigation funding (TPLF). The statement highlights the rapid expansion of for-profit litigation funding in Europe, which continues to operate with limited transparency and fragmented oversight, despite the presence of more than 300 funders in the EU.
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EJF National Contributions to PLD Transposition
Starting 2026 with wishes to our Members, European and National Institutions and Partners a prosperous year from Brussels!
With intensive works across Europe on transposing the EU Product Liability Directive (PLD), EJF has participated with our submission to the PLD consultation in Sweden.
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EJF Contribution to Upcoming Irish Presidency Priorities
EJF contributed to the consultation shaping the priorities and policy programme for Ireland’s Presidency of the Council of the EU in 2026.
Ireland will hold the EU Presidency for the eighth time from July–December 2026, at a pivotal moment for Europe’s competitiveness, economic security and trust in democratic institutions.
read more EJF Contribution to Upcoming Irish Presidency Priorities
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A new chapter begins for EJF, welcome Agata!
Agata Boutanos became CEO of the European Justice Forum with effect of 1st December 2025.
Agata specializes in strategic communication towards the European environment. Over the course of sixteen years she has been involved in determining the impact of policies on business activities and translating the needs of market entities into effective communication campaigns.
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EJF Members’ Meeting in Brussels, 6 November 2025
EJF members met in Brussels on 6 November 2025 for the second Members’ Meeting of the year, kindly hosted by Jones Day.
Opening the meeting, Chair Simon Neill announced an upcoming leadership transition at EJF, with Ekkart Kaske stepping down in January 2026 after eight and a half years as Executive Director.
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EJF commissions landmark ECIPE study on the Economic Impact of Mass Litigation and Third-Party Funding in Ireland
The European Justice Forum has commissioned a major new study by the Brussels-based think tank ECIPE – the European Centre for International Political Economy – analysing the growing economic and policy implications of mass litigation and third-party litigation funding (TPLF) in Ireland.
The report, published today, ‘Mass Litigation and the Future of Litigation Funding in Ireland and Europe’, provides the first empirical assessment of how large-scale, investor-driven legal actions could affect Ireland’s economy, competitiveness, and innovation. It highlights potential annual costs of between €1.2 and €3.6 billion and calls for clear, proportionate regulation to ensure that access to justice is not distorted into a commercial investment product.
EJF commissioned the report to support an evidence-based dialogue on how collective redress and litigation funding can be managed transparently and fairly - protecting consumers, businesses, and the broader economy alike.
EJF believes that a balanced and transparent civil justice system is essential to Europe’s competitiveness and welcomes the study as an important contribution to that debate.
Access the full report below and read our LinkedIn post here.
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Ensuring coherence between the Product Liability Directive (PLD) and EU digital legislation
As the EU advances its Digital Package initiative to simplify and align digital regulation, EJF released a paper outlining how the Product Liability Directive (PLD) can be better integrated into the EU’s wider digital framework. The objective is to improve legal coherence, reduce administrative duplication, and maintain effective consumer protection.
The revised PLD already functions as a digital law, extending liability to software, AI, and connected services. However, it has evolved separately from other EU digital legislation, creating overlapping obligations and inconsistencies.
EJF has identified key provisions where targeted clarifications and guidance could improve predictability and legal certainty across digital laws:
- Evidence disclosure (Article 9): Link PLD disclosure obligations to existing EU compliance repositories (“provide once, use many times”) to avoid duplication;
- Presumptions of defect and causation (Article 10): Ensure compliance with EU safety and digital regulation can rebut presumptions of defect or causation, providing greater legal certainty for businesses;
- Consistent terminology: Harmonise definitions of “product” and “service” across digital legislation, to avoid litigation risks and enhance consistency;
- Expiry period (Article 17): Clarify the application of the 25-year limitation period to digital products, to maintain proportionality and avoid unintended costs and barriers to innovation;
- Consistent national implementation: Promote coherence across Member States’ interpretation by issuing harmonised interpretative guidance or clarifying recitals through this initiative to prevent fragmentation and forum shopping.
The Digital Fitness Check offers a chance to assess the overall coherence and impact of EU digital legislation. EJF’s recommendations call for integrating the PLD into this process to help the Commission identify overlaps, clarify evidentiary links, and ensure liability rules evolve consistently with other digital acts, creating a more balanced and innovation-friendly framework for consumers and businesses alike.
Access the full paper here.